N R MAHESH Vs. N ASHOK

JUDGEMENT

(1.) THE petitioner is the sole accused for an offence punishable under Section 138 of the Negotiable Instruments Act. After taking sworn statement of the complainant, process has been issued to the accused and questioning the proceedings, pending against the petitioner, the present petition to quash the proceedings has been filed before this Hon'ble court.

(2.) IT is the alleged that the petitioner borrowed a sum of rs. 9,00,000/- on 20. 02. 2002 by executing a promissory note. To discharge the liability, the petitioner issued a cheque dated 30. 06. 2003 and on presentation of the same, it was dishonoured for the reason "insufficient funds". The respondent/complainant issued legal notice dated 04. 07. 2003 to the petitioner/accused which was received on 11. 07. 2003. Neither a reply was sent, nor the money was paid, resulting in the filing of the complaint before the learned Magistrate.

(3.) LEARNED counsel appearing for the petitioner submits that the proceedings has been initiated against the petitioner in his individual capacity. On a perusal of the cheque in question, it has been signed by the petitioner in his capacity, as a partner for the firm by name N. S. Rama Rao Body works". Therefore, the drawer is the firm and the petitioner in his individual capacity cannot be demanded payment.